Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Canada Border Services Agency Offers AMPs Relief to Carriers

Today's Trucking.com is reporting that the Canada Border Services Agency (CBSA) has informed the Canadian Trucking Alliance that it will not impose administrative monetary penalties (AMPs) against carriers involved in the Advance Commercial Information (ACI) eManifest program who voluntarily disclose and correct errors/non-compliance. For example, if a carrier received paperwork that a shipment contains 20 pallets and the carrier discovers that the shipment included 21 pallets, they may voluntarily disclose the error post entry and file adjustments without being AMPed. To read the complete article, please go to the following link - http://www.todaystrucking.com/news.cfm?intDocID=24734

The CBSA's decision was announced at a meeting of the Border Commercial Consultative Committee in Toronto - see http://www.cantruck.ca/imispublic/Home2/AM/ContentManagerNet/ContentDisplay.aspx?Section=Home2&ContentID=7218. At this time, a public announcement has not been posted on the CBSA web-site.

This is good news for the trucking industry who often receive imperfect information from shippers/importers and are subject to AMPs penalties on an increasing financial scale for repeating the errors.

It is important to note that the onus is on the carrier to self-report the mistakes. If the CBSA discovers the errors during a verification, AMPs penalties can be imposed. The administrative lenience would only apply if the carrier comes forward and reports the errors prior to being contacted by the CBSA for a verification / audit.

 

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